Legal Question in Medical Malpractice in California

Re: Suing a dentist

It may or may not be his fault. For the law of professional negligence, the complained of action must have been professionally unreasonable at the time it was done. Medicine and dentistry is more an art than a science and perfection is not required. Failure to diagnose may or may not be negligent. But, it is expensive to find out. Therefore, unless the injury is profound, the economics essentially prevent many cases of professional negligence from being prosecuted and even investigated. I'm afraid you situation falls within that category.

Re: Suing a dentist

I agree with my colleagues.

It would be very difficult to collect, and the chances of winning aren't good.

Most lawyers would not take a weak case, such as this, on a contingency basis, but would require a fee as a retainer.

Get your mouth fixed, and move on!

Re: Suing a dentist

You would need to consult an attorney, who would obtain your dental records and have his dental expert review your care and treatment for any breach of the standard of care. Insurance or not, you should mitigate your damages by having the root canal as soon as possible.

As a practical matter, dental cases are relatively low in damages, and often rejected by law firms, unless there is some sort of permanent nerve damage.

Having received about seven root canals myself, I can say that it is entirely plausible that he was drilling out the cavity and discovered that the decay extended closer to the root than the x-ray could possibly reveal - close enough to require a root canal. This happens all the time short of a breach of the standard of care.